Why is this goal important?
The Department is mandated under Chapter 363A, the state Human Rights Act, to perform this function; it is central to our mission.

Employers, employment agencies, and labor organizations are prohibited from discriminating against persons on the basis of, or requiring applicants to provide information about, one's race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, local human rights commission activity, or age. They may not discriminate in any aspect of employment, including hiring, training, promotion, pay and benefits, conditions of employment, termination, or layoffs. Most charges of discrimination received by the department are in the area of employment on the basis of age, sex, race or disability. Employers of 15 or more are required to provide reasonable accommodation for qualified employees and applicants who have disabilities.

Persons selling or leasing real property or housing may not steer people or refuse to sell, rent or lease property because of one's race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or in most cases, familial status. Banks or other financial institutions may not refuse housing loans or other financial assistance on these bases. Persons selling or leasing real property or housing also may not refuse to reasonably accommodate disabled persons by allowing reasonable modifications of rules and policies and some structural modifications at the renter's expense and must allow a renter's service animal.

Discrimination in public accommodations is prohibited on the basis of race, color, creed, religion, disability, national origin, marital status, sexual orientation or sex. Public accommodations include a business, accommodation, entertainment, refreshment, recreation or transportation which offers, sells, or makes available its goods, services, facilities, or privileges. Public accommodations may not refuse to reasonably accommodate disabled persons. Reasonable accommodation can include providing physical and program access, use of trained service animals and removal of structural barriers.

State agencies and local government agencies may not discriminate against any person in access, admission, use or benefits of public services because of race, color, creed, religion, national origin, disability, sex, sexual orientation or status with regard to public assistance or refuse to reasonably accommodate disabled persons. Reasonable accommodation can include providing physical and program access, use of trained service animals and removal of structural barriers.

Educational institutions may not discriminate in use of, or benefits from, their programs or services because of race, color, creed, religion, national origin, sex, age, marital status, status with regard to public assistance, sexual orientation, or disability. An educational institution may not exclude or expel a person on these bases, nor collect such information in a manner, which identifies an applicant for admission prior to an admission decision. An educational institution may not refuse to reasonably accommodate disabled persons. Reasonable accommodation can include providing physical and program access, use of trained service animals and removal of structural barriers.

Aiding, abetting or coercing a person to engage in any practice forbidden by the law is also prohibited. Preventing or obstructing compliance with the law or the work of the department is forbidden.

Reprisals taken against persons, who file charges, participate in investigations or associate with persons who are disabled or are of a different race, color, creed, religion, sexual orientation, or national origin are unlawful.
It is an unfair practice to discriminate in the extension of credit to a person because of race, color, creed, religion, disability, national origin, sex, sexual orientation, marital status or public assistance status.

Discrimination is prohibited in doing business or contracting with someone on the basis of a person's race, color, sex, sexual orientation, national origin, or disability.
 

How will this goal be accomplished?
MDHR receives approximately 10,000 to 12,000 informal contacts each year from residents who believe their rights have been violated under the Human Rights Act. From this number, approximately 1,000 complaints are formally filed with the Department. To meet its performance objectives in this area MDHR has established more rigorous internal performance standards and is striving to increase referral of charges to its mediation program.

What is the progress to date?
In fiscal year 2005 the Department closed 1,238 cases. At the end of the year, there were 2 cases older than 365 days and the average number of days to determination was 330. From July 1, 2005 to December 31, 2005 the Department closed 574 cases. There were 2 cases older than 365 days and the average number of days to determination was 306. In fiscal year 2006 the Department closed 1,011 cases and the average number of days was 310. Specifically, from January 2006 to June 30, 2006 there were 2 cases older than 365 days and the average number of days to determination was 313. In fiscal year 2007 from July 1, 2006 to December 31, 2006 the Department closed 347 cases, there were 2 cases older than 365 days and the average number of days to determination was 343.

From January 2007 to June 30, 2007 the Department closed 476 cases. There were zero cases older than 365 days and the average number of days to determination was 345.9. The Department has its most experienced staff evaluate cases within their first months, following preliminary investigation; 77% of the cases identified as not warranting further use of Department resources were dismissed within six months of filing. The average age for cases so dismissed was 143 days. The most substantive and promising cases are identified for full investigation, and over 25% of those fully investigated charges resulted in determinations of probable cause this past fiscal year; the average processing time for probable cause cases was 351 days.

Why is this goal important?
Mediation can offer significant benefits to charging parties, respondents and taxpayers. It allows issues to be resolved faster than through a lengthy investigation, it can preserve relationships between employers and employees, and it saves money.

After outsourcing its mediation program for many years, MDHR took the program back in house in fiscal year 2002. The Department’s mediator roster currently consists of more than 70 mediators who are pro bono. Early resolution of discrimination charges is especially effective where the parties have an ongoing relationship such as the employee/employer or tenant/landlord. Mediation allows parties to fully understand the opposing party’s position. When mediation efforts are successful, early resolution allows parties to put emotionally charged issues behind them faster than through the traditional investigation process. Mediation allows for a more effective handling of cases on a faster timeline.
 

How will this goal be accomplished?
In fiscal year 2003, approximately 15% of cases were referred to mediation. MDHR planned to expand its existing internal mediation program to accept at least 40% of cases in the short term and to increase this number in the long term. In fiscal year 2005, approximately 80% of cases were referred to mediation. MDHR has expanded its existing internal mediation program to accept at least 40% of cases per fiscal year. The new goal for fiscal year 2007 was to refer 90% of cases from screening to MDHR's internal mediation program. The Department met its goal by referring 94% of cases in the first half of fiscal year 2007 and 96% of cases in the second half of fiscal year 2007. Because mediation is voluntary, the Department does not control settlements. However, we believe that better education of participants on the process will enable more cases to be satisfactorily settled.

What is the progress to date?
The Department's internal mediation program is voluntary. Both parties must agree to engage in the mediation process. From January 1 to June 30, 2007, 96% of cases eligible for full investigation were first referred to mediation. 36% of the cases in which the parties agreed to engage in mediation were successfully resolved. Resolution of cases through the mediation process not only benefits the parties but reduces the number of cases requiring full investigation.

Why is this goal important?
The Department is mandated under Chapter 363A, the state Human Rights Act, to perform this function; it is central to our mission.

A firm or business that has employed more than 40 full-time employees on a single working day during the past 12 months must have a certificate of compliance to bid on or be awarded a state contract of $100,000 or more. The certificate of compliance is issued to businesses that have an affirmative action plan approved by the commissioner for the employment of women, minorities and disabled persons. The Minnesota Legislature amended the Human Rights Act in 2003 to require the Department of Human rights to charge a $75 fee for each certificate of compliance issued effective 7-1-03.

How will this goal be accomplished?
MDHR will work in partnership with other state and federal agencies that perform compliance audits to achieve the most “bang for the buck”. Currently, MDHR in partnership with the Minnesota Department of Transportation and the Office of Federal Contract Compliance Programs will conduct audits on companies that have sizable state contracts and/or have had issues, which warrant review.

What is the progress to date?
The Department issues approximately 800 certificates of compliance per year and conducts approximately 70 audits per year. Despite decreased resources in this area, the Department continues to monitor contractors to the best of its ability resulting in modest achievements in minority and female employment on state contracts. Without a substantial investment in this area, MDHR foresees a significant “backsliding” in the gains achieved over the years. As a result, at the end of fiscal year 2004 the Department had conducted 50 audits compared to 70 at the end of fiscal year 2003. However, due to implementing new unit efficiencies, at the end of fiscal year 2005 the Department had conducted 87 audits and increased the audit goal to 91 audits per fiscal year. In fiscal year 2006, the Department conducted 99 audits. From July 1, 2006 to July 1, 2007 the Department conducted 104 audits, meeting its goal of 100 audits for fiscal year 2007.

Why is this goal important?
It is important that the Department not only remedy discrimination, but also reduce it, and help foster a social environment that values diversity and equality. By educating Minnesotans about their rights and responsibilities, we can stop discrimination before it starts.
 

What is the department doing?
The Department’s educational work in 2006 consisted of an annual human rights day conference and department showcases. At the showcases, the commissioner provided a panel of experts who trained human resource managers in various topics of importance to employers under the provisions of the Human Rights Act. There were also a series of community forums where the communities throughout the state had an opportunity to hear the commissioner as well as experts from the Department in several topics related to the act and to discrimination as an unlawful practice. The Department's internet web page features a quarterly newsletter and a Commissioner's Blog and provides access to information on human rights issues and resources. Individuals can e-mail the Department to access information on laws and issues, and make inquiries on-line. The site also features a human rights events calendar, a ‘questions & answer” column called By Rights, and provides links to other human rights organizations’ web sites.

The Department’s “Educate to Eliminate” campaign is a set of new initiatives designed to:

       To develop human rights literacy in the majority of
          Minnesotans;

       To be a catalyst in actively endorsing and promoting human rights by making
          human rights education a required component of our states education
          standards so than future generations of Americans will be as knowledgeable
          about their human rights as they are about their civil and constitutional rights; 
          and

       To create a forum where marginalized groups can share the goal of educating
          people about their human rights in order that they may claim, promote and
          defend them.

The program includes the following components:

     · “The Right Focus On…” – Quarterly television program broadcasted in
        community television which brings together a panel of experts to discuss current
        topics in the news which are covered by the Human Rights Act;
     · “This is My Home” – Human rights learning resource tool kit developed for K-12
        students and adult learners with a focus on family and community;
     · “Training Showcase” – A showcase forum for the types of training available that
        will aid employers, business owners and service providers in meeting their
        human rights obligations and responsibilities;
     · “By Rights” – The commissioner’s column expanded into Greater Minnesota
        media outlets;
     · "As I see it" – The Commissioner's Blog on the internet where the commissioner
        discusses topics of interest intended to spark conversation and thought about
        discrimination; and
     · “International Visitors Program” – In conjunction with the State Department, the
        Department hosts visitors from around the world who are interested in the state
        of human rights in Minnesota.

What is the progress to date?
During fiscal year 2006, the Educate to Eliminate program fulfilled all its goals. More than 600 attended our Human Rights Day and Education Forum in December 2006; The Department hosted 4 community forums. Attendance at each forum was 100 or more participants. The Department hosted 4 Training Showcases in 2006. The average number of participants was 45 per session. The Department and Twin Cities Public Television started a partnership to produce a television show titled "The Right Focus On...", to carry the human rights message.

From July to December 2006:

     · The Department implemented a tracking tool by which it is able to determine a
        close approximation of the numbers of people who have been reached as a 
        result of its outreach efforts. During this period of time the Department reached
        approximately 1.3 million people.
     · The Department has hosted 3 additional forums. Average attendance is 100
        participants.
     · The Human Rights Day conference reached record setting attendance of over
        600 participants, the highest number of attendees in the 21-year history of the
        conference.
     · The Department along with the University of Minnesota Human Rights Resource
        Center developed a human rights learning resource tool kit for K-12 in 
        conjunction with educators from around the state.
     · Part of the learning resource tool kit is a documentary that was produced by the
        Department and Twin Cities Public Television, which has aired 3 times on the
        TPT Minnesota Channel to a viewing audience of over 40,000. The documentary
        will air several more times this year.
     · “By Rights” – the commissioner’s column – was a regular addition to the  
        Minnesota Counties newspaper, the Spokesman-Recorder newspaper and the
        Hmong Times newspaper.

In fiscal year 2006, the Department hosted 4 community forums to educate Minnesotans on their rights and responsibilities under the State's Human Rights Act. These 4 forums were held in the following communities: Brainerd, Grand Rapids, Moorhead and Albert Lea. In addition to the forums, the Department sponsored 4 showcases, issued 4 of the Rights Stuff newsletters and conducted extensive outreach within all Minnesota communities. Participation in over 45 separate events reached an audience of approximately 400 thousand people. The Department also held its annual Human Rights Day Conference as well as produced 4 videos in collaboration with SPNN-St. Paul for cable television and the Department's website. From January 2007 to June 30, 2007, the Department reached approximately 312,000 cable viewers with our television educational program, 79,000 people through our website, more than 7,000 people at the State Fair and over 200 people in direct educational activities.

To learn more about the “Educate to Eliminate” activities go to the Department’s website at www.humanrights.state.mn.us and click on Special Events.
 

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Last update on 07/30/2007